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Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.

Media type
Tech­no­logy Trans­form­a­tion - Life Sci­ences & Health­care
The Life Sci­ences and Health­care Sec­tor is highly tech­no­logy-driv­en and an in­creas­ingly dy­nam­ic ap­proach is taken when ad­opt­ing busi­ness-crit­ic­al tech­no­lo­gies. This sec­tor’s above-av­er­age up­take in tech­no­logy is re­flec­ted in its pri­or­it­isa­tion of meas­ures against IT fail­ure. However, the sec­tor is of­ten un­der­prepared for tech­no­logy risks, with many busi­nesses still not hav­ing pro­cesses in place to man­age key risks des­pite cur­rent and fu­ture con­cerns around dis­putes arising from this area.This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 people sur­veyed from mul­tiple in­dus­tries across the world.Here we look in de­tail at the 75 re­spond­ents from the Life Sci­ences and Health­care sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies.Down­load the Tech­no­logy Trans­form­a­tion Life Sci­ences and Health­care re­port now to read about:Drivers of tech­no­logy ad­op­tion in the Life Sci­ences and Health­care sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the Life Sci­ences and Health­care sec­tor­Fu­ture risks, in­clud­ing IP con­cerns and AIPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the Life Sci­ences and Health­care sec­tor
GDPR En­force­ment Track­er Re­port
A warm wel­come... ...to the fourth edi­tion of the GDPR En­force­ment Track­er Re­port – the an­niversary edi­tion cel­eb­rat­ing five years of GDPR.In the five years since the GDPR be­came ap­plic­able its power­ful frame­work for im­pos­ing fines has cer­tainly helped to raise aware­ness and en­cour­age com­pli­ance ef­forts – just as the European le­gis­lat­or in­ten­ded. At the same time, the risk of fines of up to EUR 20 mil­lion or 4% of a com­pany’s glob­al an­nu­al turnover can also lead to fear and re­luct­ance or ig­nor­ance about com­pli­ance is­sues.We still be­lieve that facts are bet­ter than fear.This is why we con­tinu­ously up­date our list of pub­licly known fines in the GDPR  En­force­ment Track­er and star­ted the GDPR En­force­ment Track­er Re­port as an an­nu­al deep dive ap­proach to provide you with more in­sights in­to the world of GDPR fines.As in the three pre­vi­ous edi­tions, the GDPR En­force­ment Track­er Re­port starts with the Ex­ec­ut­ive Sum­mary (also avail­able as a PDF ver­sion), fol­lowed by the “Num­bers and Fig­ures” sec­tion and the “En­force­ment In­sights per busi­ness sec­tor” (also in­clud­ing the over­arch­ing em­ploy­ment cat­egory. The “En­force­ment In­sights per coun­try” provide back­ground on the spe­cif­ic en­force­ment frame­work un­der na­tion­al law. Some re­marks on our meth­od­o­logy can be found at the very end of the re­port.
CMS Life Sci­ences & Health­care Glob­al Bro­chure
With big deals fuel­ling re­cord levels of M&A activ­ity, a steady stream of in­nov­at­ive and dis­rupt­ive tech­no­lo­gies, new and in­creas­ingly com­plex reg­u­lat­ory chal­lenges and a thriv­ing start-up com­munity...
CMS Green Globe
Stay in­formed about the latest sus­tain­ab­il­ity claims trends and de­vel­op­ments CMS Green Globe is an in­ter­act­ive plat­form that al­lows busi­nesses and cli­ents to stay aware and duly in­formed about all the main rap­idly chan­ging trends and de­vel­op­ments re­lated to sus­tain­ab­il­ity claims across the world.Here you will find in­form­a­tion on reg­u­la­tion and de­vel­op­ments you need to know when ad­vert­ising and mar­ket­ing your busi­ness or product by us­ing sus­tain­ab­il­ity claims as well as our key ex­perts to sup­port you in nav­ig­at­ing the world of such claims.CMS Green Globe helps you to avoid gre­en­wash­ing your con­sumer in your jur­is­dic­tion as well as across the globe. Dis­cov­er CMS Green Globe Best ex­plored on desktop
CMS series: At CEEnter stage
Our en­ga­ging pod­cast and video series, "At CEEntre Stage," is a valu­able re­source for pro­fes­sion­als and leg­al ad­visors seek­ing in-depth in­sights in­to vari­ous Cor­por­ate and M&A top­ics. Our series caters to di­verse busi­nesses in Cent­ral and East­ern Europe, provid­ing com­pre­hens­ive cov­er­age of the on­go­ing chal­lenges they face.Half-hour mod­er­ated dis­cus­sions with leg­al ex­perts and in­dustry lead­ers al­low us to gain valu­able in­sights in­to their vis­ion for the fu­ture, the chal­lenges they face, and ways to im­prove their busi­nesses. We also provide guid­ance on nav­ig­at­ing leg­al com­plex­it­ies and avoid­ing po­ten­tial traps, en­sur­ing our listen­ers re­ceive con­tex­tu­al­ized in­sights in­to the re­gion's dis­tinct­ive busi­ness land­scape and reg­u­lat­ory en­vir­on­ment.Our com­pre­hens­ive cov­er­age of vari­ous in­dus­tries and their on­go­ing chal­lenges makes "At CEEntre Stage" an es­sen­tial re­source for stay­ing ahead of the curve in today's fast-paced eco­nomy. The pod­cast cov­ers rel­ev­ant Cor­por­ate and M&A top­ics from W&I in­sur­ances, FDI to ESOP, joint ven­tures, fin­an­cing and ESG.Tune in to "At CEEntre Stage" today and stay in­formed on the latest in­sights and trends in the world of cor­por­ate law and M&A.
CEE Green­field Guide 2023
CEE coun­tries have at­trac­ted sig­ni­fic­ant for­eign dir­ect in­vest­ment in green­field op­er­a­tions in re­cent years. In­deed, many man­u­fac­tur­ing busi­nesses have fo­cused on ex­pand­ing ca­pa­city in CEE coun­tries...
CMS European M&A Study 2023
The CMS Cor­por­ate/M&A Group is pleased to launch the 15th edi­tion of the European M&A Study
Sil­ic­on Val­ley Bank’s cur­rent po­s­i­tion and what to do about it
Please refer to our latest pub­lic­a­tion Up­date to Sil­ic­on Val­ley Bank's cur­rent po­s­i­tion and what it means for the most up-to-date guid­ance. The team here at CMS has been saddened by the col­lapse of the...
Hand­ling the new EU and UK sanc­tions against Rus­sia
Latest up­date: 27 Feb­ru­ary 2023
How polit­ic­al and eco­nom­ic tur­bu­lence af­fects Cent­ral and East­ern Europe’s...
With no clear end in sight, the dev­ast­at­ing war in Ukraine threatens to di­vide Europe polit­ic­ally and eco­nom­ic­ally. Coun­tries in the Cent­ral, East­ern, and South-East­ern Europe (CE­SEE) re­gion are right in the middle of this di­vide, but war on the east­ern­most fringes of Europe is not the only geo­pol­it­ic­al is­sue mul­tina­tion­als across the re­gion must be aware of.Among fre­quent flare ups of ten­sions on the Kosovo-Ser­bia bor­der, peace and sta­bil­ity is once again far from as­sured in the West­ern Balkans (Al­bania, Bos­nia and Herzegov­ina, Kosovo, Montenegro, North Mace­do­nia, and Ser­bia).With all these coun­tries at some stage of EU ac­ces­sion, two re­gion­al in­teg­ra­tion ini­ti­at­ives (the “Ber­lin Pro­cess” and the “Open Balkan”) are in place to im­prove re­gion­al co­oper­a­tion, in­clud­ing work­force mo­bil­ity between West­ern Balkans coun­tries, and pre­pare them for mem­ber­ship of the bloc.While Ser­bia, Al­bania and North Mace­do­nia are full-fledged mem­bers of both ini­ti­at­ives, Bos­nia and Herzegov­ina, Montenegro, and Kosovo are still re­luct­ant to form­ally join, even though they par­ti­cip­ate in some sum­mits.The agree­ments already signed with­in the Open Balkan ini­ti­at­ive will uni­fy the la­bour mar­ket for mem­ber coun­tries, and re­move the re­quire­ment for work per­mits or oth­er form­al­it­ies.The Open Balkan ini­ti­at­ive is par­tic­u­larly sup­por­ted by the US and its Cham­ber of Com­merce of­fices in the re­gion, as in­ter­na­tion­al com­pan­ies with re­gion­al hubs in Ser­bia are look­ing for­ward to hav­ing easi­er ac­cess to la­bour from neigh­bour­ing coun­tries.However, even though the frame­work agree­ments were signed more than a year ago, not much has been done to im­ple­ment them. 2023 is ex­pec­ted to be the year that this is fi­nal­ised. On the oth­er hand, the EU has been slow to come to de­cisions on ex­pan­sion. For ex­ample, North Mace­do­nia has been a can­did­ate coun­try since 2005.Ac­cord­ing to ana­lys­is by the In­ter­na­tion­al In­sti­tute for Middle East and Balkan Stud­ies, the in­de­cis­ive­ness of the EU has stra­tegic con­sequences in the West­ern Balkans. In par­tic­u­lar, there are real dangers that the un­cer­tainty of the EU en­large­ment pro­cess, com­bined with loc­al pop­u­lar pres­sure, could, after many years of wait­ing, pro­pel some coun­tries to change their geo­pol­it­ic­al ori­ent­a­tion. This is par­tic­u­larly con­cern­ing at a time when Rus­sia, China, Tur­key, and oth­er out­side coun­tries are seek­ing to in­crease their in­flu­ence in the re­gion.2023 may there­fore be an­oth­er polit­ic­ally tur­bu­lent year in the CE­SEE. This year’s par­lia­ment­ary and/or pres­id­en­tial elec­tions in Tur­key, Greece, Po­land, Montenegro, and Bul­garia could trig­ger fur­ther un­rest or in­stabil­ity. And all of this could ob­vi­ously af­fect the la­bour mar­ket in the re­gion. Em­ploy­ment short­ages driv­ing wage in­fla­tion The in­fla­tion rate is fore­cast to re­main el­ev­ated through­out 2023. Min­im­um wages have re­cently in­creased in most CE­SEE coun­tries. However, these nom­in­al wage in­creases do not match the pace of in­fla­tion, caus­ing real wages to fall. A pre­dicted eco­nom­ic re­ces­sion in 2023 is not ex­pec­ted to cause high un­em­ploy­ment, giv­en tight la­bour mar­ket con­di­tions with high va­cancy rates.Mass lay­offs are ex­pec­ted in tech­no­logy, me­dia, and tele­coms, but mostly im­pact­ing com­pan­ies that over­hired dur­ing the pan­dem­ic. At the same time, deep short­ages in par­tic­u­lar jobs and pro­fes­sions are ex­pec­ted to drive up wages and stim­u­late the mi­gra­tion of la­bour – es­pe­cially skilled la­bour – between com­pan­ies, and even sec­tors.For ex­ample, the Ser­bi­an Min­istry of Elec­tron­ic Com­mu­nic­a­tions es­tim­ates the coun­try needs 30,000 soft­ware de­velopers to meet the planned growth de­mands of many in­ter­na­tion­al com­pan­ies with R&D hubs or ser­vice centres.Tal­ent man­age­ment is be­com­ing a cor­por­ate pri­or­ity as com­pan­ies struggle to at­tract, re­tain and en­gage work­ers. En­vir­on­ment­al, so­cial, and gov­ernance (ESG) is­sues are tak­ing centre stage in or­der to at­tract work­ers, even at a time when com­pan­ies are nav­ig­at­ing un­pre­ced­en­ted en­ergy costs and sup­ply chain dis­rup­tions. That’s highly im­port­ant when em­ploy­ees, es­pe­cially the “Gen Z”, seek pur­pose and con­nec­tion with­in their work. Em­ploy­ees are be­com­ing more and more in­ter­ested in in­tern­al mo­bil­ity and ca­reer pro­gres­sion op­por­tun­it­ies, as well as in di­verse forms of work and mo­bile work pos­sib­il­it­ies. Also, it is im­port­ant for em­ploy­ers to do some self-in­tro­spec­tion on wheth­er the way they at­tract tal­ent is truly in­clus­ive, or if em­ploy­ees per­ceive their lead­er­ship style as em­path­et­ic. EU emig­ra­tion con­tin­ues to hit pro­ductiv­ity Work­force short­ages are one of the main bar­ri­ers to growth in the CE­SEE re­gion. A mi­gra­tion crisis, which has boos­ted la­bour sup­ply in Po­land and Cze­ch­ia in par­tic­u­lar, has not changed this.A sig­ni­fic­ant part of the EU 2023 Work Pro­gramme is fo­cused on fa­cil­it­at­ing work­force mo­bil­ity with­in the bloc and en­abling easi­er ac­cess by non-EU na­tion­als to the EU la­bour mar­ket.Giv­en that non-EU coun­tries in the re­gion have struggled for dec­ades with the loss of highly skilled work­ers to the EU, con­tin­ued emig­ra­tion is cer­tain to con­tin­ue to im­pact the pro­ductiv­ity of non-EU eco­nom­ies. Di­git­al nomad work­ing on the rise An­oth­er im­port­ant trend post-pan­dem­ic, and in light of the need to at­tract skilled la­bour, is re­mote work­ing from an­oth­er coun­try. Ac­cord­ing to the 2022 Spe­cial Euroba­ro­met­er on in­tra-EU la­bour mo­bil­ity, al­most one-in-five Europeans en­vis­age work­ing out­side their own coun­try, and half con­sider liv­ing and work­ing abroad as an im­port­ant ex­per­i­ence with be­ne­fits bey­ond their pro­fes­sion­al life.Di­git­al nomad visas – which en­able for­eign cit­izens to stay and work re­motely in their host coun­try for a cer­tain peri­od, usu­ally one year, without pay­ing in­come taxes or oth­er so­cial con­tri­bu­tions in that jur­is­dic­tion – are be­com­ing more pop­u­lar.Sev­er­al CE­SEE coun­tries, in­clud­ing Ro­mania, Croa­tia, Hun­gary, Czech Re­pub­lic, Montenegro, and Al­bania, already is­sue di­git­al nomad visas. Ser­bia is plan­ning to ad­opt rel­ev­ant reg­u­la­tions this year and North Mace­do­nia is ex­pec­ted to fol­low soon. More work­place le­gis­la­tion in the pipeline As to oth­er not­able le­gis­la­tion in 2023, most EU coun­tries with­in the CE­SEE re­gion are plan­ning to im­ple­ment in full the EU dir­ect­ives on work-life bal­ance and on pre­dict­able work­ing con­di­tions.Sev­er­al coun­tries are also fi­nal­ising im­ple­ment­a­tion of the Whis­tleblow­ing Dir­ect­ive – though Hun­gary is still fall­ing be­hind, with no draft laws in place.One nov­el idea be­ing dis­cussed in Slov­e­nia is a pos­sible short­en­ing of the work­ing week to 30 hours.In Ser­bia, we fi­nally ex­pect a change in reg­u­la­tion that will in­tro­duce a com­bined res­id­ence and work per­mit and provide a prop­er leg­al frame­work for in­tern­ships. Art­icle first ap­peared in Janu­ary 2023 is­sued by In­ter­na­tion­al Em­ploy­ment Law­yer 
Emer­ging Europe M&A Re­port 2022/2023
The year 2022 star­ted with vari­ous chal­lenges, in­clud­ing rising in­fla­tion and en­ergy prices. Then the Rus­si­an in­va­sion of Ukraine ad­ded yet an­oth­er one. Non­ethe­less, the M&A mar­ket in emer­ging European coun­tries proved to be ex­tremely re­si­li­ent. The re­gion saw M&A activ­ity main­tain a steady pace, though deal val­ues were not­ably lower. Also, vari­ations could be ob­served across ter­rit­or­ies and sec­tors. While 2022 brought a unique set of chal­lenges, deal­mak­ing largely com­pared fa­vour­ably to pre-pan­dem­ic levels.Wel­come to the 2022/23 edi­tion of the Emer­ging Europe re­port.
Use of Out­sourced IT per­son­nel in Cent­ral and East­ern Europe
While Europe is the most im­pacted re­gion by the on­go­ing war in Ukraine, the IT ser­vice mar­kets in Cent­ral and East­ern Europe (CEE) are ex­pec­ted to con­tin­ue to grow by nearly 6% and 7% in 2022 and 2023...